Title 9 Services for Children Youth and Their Families
300 Abuse and Background Checks
302 Child Abuse Registry Checks for Child Care and Health Care Persons
1.0 Legal Base
The legal base for these regulations is in the 19 Del.C. §708.
2.0 Purpose
The overall purpose of these regulations is the protection for the ”vulnerable“ population in child care and health care facilities. To this end, persons seeking employment in a licensed child care facility or health care facility shall submit to a Child Abuse Registry check. A search of the Child Abuse Registry will be conducted to determine if the person is a perpetrator in any substantiated cases of child abuse or neglect.
3.0 Definitions
“Child Abuse Registry” means a central registry of information about persons the Division of Family Services has found cause to believe, or a court has substantiated through court adjudication, have committed child abuse or neglect.
“Child Abuse Registry Check” means a computer search of the Child Abuse Registry to determine if a person is a perpetrator in any substantiated cases of child abuse or neglect.
“Child Care Facility” means any child care facility which is required to be licensed by The Department of Services for Children, Youth and Their Families.
“Child Care Person” means any person in a child care facility in a position which provides the opportunity to have direct access to children without the presence of other employees or adults.
“Conditional Child Care Person” means a child care person who has been offered a position or has agreed to volunteer in a child care facility. Under the provisions of the law, employment shall be conditional and contingent upon the receipt of the child abuse registry check by the employer.
“Conditional Health Care Person” means a health care person who has been offered a position or has agreed to volunteer in a health care facility. Under the provisions of the law, employment shall be conditional and contingent upon the receipt of the child abuse registry check by the employer.
“Criminal History Unit” means the Unit located in the Division of Family Services that is responsible for the implementation of the Child Abuse Registry checks for child care and health care persons.
“Department” means the Department of Services for Children, Youth and Their Families or any of the Divisions.
“Direct Access” means the opportunity to have personal contact with persons receiving care during the course of one’s assigned duties.
“Division of Family Services” means the Division that maintains the Child Abuse Registry.
“Employer” means any child care facility or health care facility as defined.
“Health Care Facility” means any custodial or residential facility where health, nutritional, or personal care is provided for persons including nursing homes, hospitals, home health care agencies and adult day care facilities.
“Health Care Person” means any person in a health care facility in a position which provides the opportunity to have direct access to persons receiving care without the presence of other employees or adults.
“Person Seeking Employment” means any person applying for employment in a child care or health care facility that affords direct access to persons receiving care at such a facility, or a person applying for licensure to operate a child care facility.
“Volunteer” means any person who has direct access to persons receiving care during the performance of unpaid duties.
4.0 Persons Subject to the Law
4.1 Persons subject to the law shall be those persons who are hired or apply for the status described below on or after January 1, 1998.
4.1.1 Child care and health care persons subject to the Child Abuse Registry check shall be persons in a child care or health care facility who are in a position which involves:
4.1.1.1 Supervisory or disciplinary authority over persons receiving care, or
4.1.1.2 The opportunity to have direct access to persons receiving care without the presence of other employees or adults.
5.0 Employer Responsibilities
5.1 No employer who operates a child care facility or health care facility shall hire any person without requesting a Child Abuse Registry check for that person. The Child Abuse Registry check shall relate to substantiated cases of child abuse or neglect reported after August 1, 1994.
5.2 The employer shall obtain a full release from each person subject to the law. The release must be completed and signed in order for the employer to obtain the information provided pursuant to the Child Abuse Registry check. The release is a form developed by the Department.
5.3 Any person hired prior to the employer receiving the results of the Child Abuse Registry check, must be informed in writing, and must acknowledge in writing that employment is conditional and contingent upon the receipt and evaluation of the Child Abuse Registry check.
6.0 Child Abuse Registry Check Process
6.1 The child care or health care person completes and signs a release form in order for a Child Abuse Registry check to be conducted.
6.2 Upon receipt of the of the signed release, the Criminal History Unit will conduct a Child Abuse Registry check to determine if the person is named as a perpetrator in any substantiated cases of child abuse or neglect.
6.3 When the person is not listed in the Child Abuse Registry as a perpetrator of child abuse or neglect, notification of the results will be provided to the appropriate employer.
6.4 When the person is listed in the Child Abuse Registry as a perpetrator of child abuse or neglect, notification of the results will be provided to the employer along with details on how to obtain further information pertaining to the substantiated case(s) of child abuse or neglect.
7.0 Review of Department Records
7.1 When a person is listed in the Child Abuse Registry as a perpetrator they will be allowed the opportunity to review the record information maintained by the Division of Family Services.
7.2 The following procedures shall be established to permit the review of record information.
7.2.1 The person shall submit a request in writing to the address provided as part of the results of the Child Abuse Registry Request.
7.2.2 Upon receipt of the request, an appointment shall be scheduled for the person to review the record information.
7.2.3 The review shall take place in the presence of a Division of Family Services staff member. The employer may also be present.
8.0 Confidentiality
The Department shall ensure that confidentiality regarding case file reviews and the dissemination of information is followed according to Department policy.
9.0 Penalty
Any employer who hires a person seeking employment without requesting a Child Abuse Registry check for such person shall be subject to a civil penalty of not less than $1,000.00 nor more than $5,000.00 for each violation.
